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PennDOT License Update: Beware the frivolous appeal

Last week we discussed PennDOT’s recent recall of licenses from drivers
who did not possess valid social security numbers and the June 19th
deadline to turn them in or otherwise be prosecuted.

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06/15/2009 - 13:37

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PennDOT License Update: Beware the frivolous...

By AL DÍA News

June 15, 2009

Last week we discussed PennDOT’s recent recall of licenses from drivers who did not possess valid social security numbers and the June 19th deadline to turn them in or otherwise be prosecuted.

Since such time the reaction of the immigrant community—and those who prey upon them—has been strong. Several individuals in the different ethnic communities have jumped upon this as an opportunity to charge money for services that are not helpful and are in fact detrimental to those who are desperate for any way in which to keep their driver’s license. In fact, within the Brazilian community one particular bilingual individual who is not an attorney is charging $500 a pop to file appeals of the denial of the drivers’ licenses which, under many circumstances, have no basis under law.

Let’s review a few rules. First, under the current interpretation of Pennsylvania law ITINS are not enough for a Pennsylvania driver’s license unless the individual can show that he/she is legally in the U.S. but ineligible for a driver’s license. An example is a dependent H-4 spouse or child of an H-1B, for while the H-1B holder can work the dependents cannot. These H-4 dependents are legally in the U.S. and thus can legally drive.

Next, Counsel for PennDOT has stated that those who are legally eligible for driver’s licenses but have been wrongly targeted for cancellation should appeal and once the appeal is granted the cancellation statement in Penn DOT’s computers will be removed. However, any individual who holds only an ITIN, is not legally present in the U.S., has received this license surrender notice and does not surrender his/her license is opening himself/herself up to prosecution. Where resources permit, State Troopers will be sent to enforce the law (and you’d better believe that the Scranton and Hazelton police will be at the head of the line with Barletta leading the charge).

What, then should you do if you are illegally in the U.S. and have received this notice?. First of all, meet quickly with an immigration attorney and see what remedy, if any, you have under the immigration law such as a cancellation of removal case if you are in the U.S. for over 10 years, with qualifying LPR or USC relatives. Next, understand that if you do not turn in your license you are now committing a crime and if you are prosecuted and convicted for the same, your chances for applying for a future amnesty/legalization program has just decreased.

What about all these interpreters, notaries and attorneys offering to appeal these driver’s license revocations? Should you hire one of them? This is not a good idea unless there is a legal basis for challenging the decision. Also do keep in mind that a copy of the appeal must be filed with PennDOT’s legal counsel and that they have the right to deny your appeal.

What will happen if the appeal is denied? Will PennDOT notify ICE? So far it doesn’t appear that they will but that could change. Remember, legal departments of the government do not like frivolous appeals, appeals which have no basis in law or fact, and they could react very angrily if they see enough bad appeals. As always, there are many good attorneys out there who want to help you; just tread cautiously with those who see you only as the next opportunity to make money, without thought to the negative impact of filing an appeal.